HomeMy WebLinkAboutORDINANCE 0272-1975 CITY OF KENAI
ORDINANCE NO. 272-75
AN ORDINANCE PLACING ON THE BALLOT FOR THE NEXT GENERAL
ELECTION THE QUESTIONS AS TO tYHETHER THE MUNICIPAL
OFFICERS OF THE CITY OF KEN/mi SHOULD BE EXEMPT FROM THE
PROVISIONS OF THE FINANCIAL DISCLOSURE STATUTES (AS 39.50)
AND FROM TIlE PROVTSIONS OF THE ELECTION CAMPAIGN FUND
DISCLOSURE STATUTES (AS 15.13) REQUIRING REPORTING OF
CONTRIBUTIONS AND EXPENDITURES FOR POLITICAL CAMPAIGNS.
WHEREAS, the provisions of AS 39.50 require
muncipal officers, including mayor and councilmen, to
file reports concerning finances and also the finances
of spouses, dependent children, or nondependent children
living with them with respect go the source of all in-
come over $100, including capital gaines, identity of
each business in which any of them was a stockholder,
owner, officer, director, partner, proprietor, or
employee, the identity and nature of each interest owned
any of them in any business, the identity and nature
each interest in real property, including an option
to buy, any loan or loan guarantee made to any of them,
the identity of each trust in which any of them held a
beneficial interest, and other such financial information
normally considered of a private and confidential nature;
and
WHEREAS, AS 39.50.145 provides that a munici-
pality may exempt its municipal officers from the re-
quirements of the chapter if a majority of the voters
voting on th~ question at a general election vote to
exempt its municipal officers from such requirements; and
WHEREAS, the positions covered require a great
expenditu~e of time in the public interest and most of
them receive little or no payment therefor$ and
WHEREAS, compliance and participation in As 39.50
would drastically discourage and limit the number of parties
willing to donate a great part of their time to public ser-
vice to the detriment of the City of Kenai; and
WHEREAS, AS 15.13 requires reporting of con-
tributions to political candidates of over $100 (including
contributions of goods or services), limits campaign
contributions, and requires detailed reporting of campaign
expenditures; and
WHEREAS, the bookkeeping involved, the tech-
nicalities of reporting required with criminal pen~lities
assess for failures, and the invasion of privacy would
discourage contributing to local campaigns, expenditures
in local campaigns, and even obtaining competent can-
didates willing to run for office in the City of Kenai; and
WHEREAS, AS 15.13.010 provides that a municipal-
ity may exempt itself from the requirements of the chapter
if a majority of the voters at a general election vote
to exempt the municipality; and
WHEREAS, enforcement of either AS 15.i3 or
AS 39.50 in elections in the City of Kenai would only
penalize, handicap, and discourage the honest, and could
and probab~bly would be evaded by the dishonest; and
WHEREAS, the Council of the City of Kenai be-
lieves that the voters of the City of Kenai ~hould be
iven the opportunity to decide whether or not either or
oth of these laws should be applicable to public offices
within tha ~enai Peninsula Borough; No~ Therefore,
KENAI:
BE IT ORDAINED ~Y TIlE COUNCIL OF THE CITY OF
Section 1: There shall be placed on the ballot
for the regular City election of October 7, 1975, with
appropriate proposition number to be designated by the
Clerk, the following question:
"Shall the Municipal Officers of the City of
Kenai be exempt from the provisions of state
law (AS 39.$0] relating to conflicts of inter-
est or financial disclosure of candidates and
holders of municipal offices?"
Section 2~ There shall be placed on the ballot
£or the reghlar City election of October 7, 1975, with
appropriate proposition number to be designated by the
Clerk, the following question:
"Shall the elected Municipal Officer o£ The City
of Kenai be exempt £rom the provisions of
state la~ (AS 15.13) relating to election cam-
paign fund disclosure or to reporting of con-
tributions and expenditures in election cam-
paigns ?"
INTRODUC£D this
' day of ~/~,1975
PASSED on second reading this fl/~ day of
J~Z~_~ ~ ,1975.
/,
CITY OF KENAI
/AMES A. ELSON, Mayor
ATTEST:
g~ PETRR, City Clerk
POSTED after final passage this .J,~ aay 1975.
CITY OF KE~¢AI
I~ox 588
KI~IAI. AJ~SI(A 99611
A CA'ASS OP TH~ BAL~B POR ~ AN~AL ~L~CTJON OF OCTOBER 7, 1975, TO ~
CITY COUNCIL - THREE ($,) YEAR TER~t! (Vote for ~t mo~e t~n 2)
Ac~, TO~
~YEs, ~,, /~ ~
SPOILED BALLOTS:
CHALLENGED BALLOTS:
~L~-i , ,,.4/~.
~WARD A~B~, COUnCILmAN
JAMES DOYLE, COUNCILMA~
ABSENTEE BALLOTS:
TOTAL BALLOTS CAST:,
DATED:
$¥odnesdalt, Cctobel' 8. 197§, 8:00 p,m,
Publlo 8al'eW Building
Konal, Alfls!18
SAMPLE BALLOT
CITY OF KENAI
Regular Election of Odober 7, 1975
FOR CITY COUNCIL
3-Year Term
(Vole tot nc~ more the.
ACKERLY, TOM
HALL DR. JIM
14AYES, NEAL
SWEET, WALTER
WAGONER, THOMAS
PROPOSITION 1:
"Shall the municipal officers of the C;ify
of Kenal be exempt from the provisions
of state law {AS 39.$0) rela.tlng .to
conflicts of interest or financsal dss-
closure of candidates and holders of
municipal offlcos?"
YES J
No
PROPOSITION 2:
:'Shall the elected municipal offi~ers of
the .C:i. ty of Kenal be exempt from the
provmons e.f s.f?e law (AS IS. 13) re-
la. tlng to electron ?.ampalgn fu.nd di~-
closure or to.r. eporhng of.contributions
and expen&tures in election cam-
paigns?''
~-1 YES
I-1 No